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Monday, 20 August 2018

Ayefele’s Music House Demolition; Oyo State Denies Knowledge As More Condemnations Trails Action

Oyo State government on Monday has Denied Demolishing The music house of gospel Artist, Yinka Ayelefe.

This disclosure, According to News Agency of Nigeria (NAN) was made through Oyo state government counsel Mr Yomi Aliyu,(SAN) who appeared on behalf of the state today and made this denial when appeared before justice iyabo Yerima of the state high court with a location in ring road in Ibadan

Aliyu appeared for the first and second defendants, Gov. Abiola Ajimobi and Mr Bola Abimbola (State Attorney-General), in a case instituted by Ayelefe against the defendants.

The counsel said his clients were shocked to read about the reported demolition on Sunday morning.

According to him, the state government is planning to set up a panel of enquiry to find out those responsible for the demolition.

”My clients are men of honour that respect rule of law and constituted authority and will have no reason to demolish the said property,” he told the court.

Aliyu, who had earlier denied that his clients were served with court processes, quickly reversed himself when the judge showed him evidence of actual service on the first and second respondents.

The defence counsel, however, urged the court to adjourn the case pending the time the claimant would be able to file and serve his clients with notice of the ex-parte motion since the court was on vacation.

He said that filing of motion on notice and letter of urgency alone by the claimant was not enough.

But the claimant’s counsel, Mr Olayinka Bolanle, had informed the court that the respondents had gone ahead to demolish the structure in spite of a court’s restraining order

“Even after the defendants had become aware of this proceedings, it is sad and unbelievable my Lord that the defendants in the wee hours of Sunday, Aug 19, went to the property in dispute and demolished it,” he told the court.

The claimant’s counsel urged the court to reiterate its earlier order restraining the defendants from further demolition of the rest of the structure pending the determination of the suit.

Justice Yerima adjourned the case until Sept. 12 for the hearing of applications and urged parties to file necessary processes before the adjourned date

Meanwhile, More Condemnations has continued to Trail the action of Oyo state government on the basis it said was it the reason for demolishing the music house owned by Nigeria’s gospel artist, Yinka Ayelefe.

Recall in a statement issued by the Oyo state commissioner of information Toye Arologun said the house was demolished because its contravene Oyo state physical planning and development control law of 2012 citing section 30, 31 and 32 saying the said approval deviated from the approved plan which in effect, makes the approval of the music house null and void because deceitful information was given to the Approving Authority.

The Nigerian Bar Association said the whole development came as a rude shock even though it will not delve into the merit of the dispute between the parties but will limit itself to its implication of the rule of law.

In a statement jointly signed by its chairman and publicity secretary, oluwole Akintayo Akeem said it in the know that there was a pending suit in court over the decision of the Oyo state government to demolish the property, it is trite that once parties subjects themselves to the jurisdiction of a court, they must be ready to abide by the outcomes and refrain from taking further step that can prejudice the case and render the final decision nugatory

“The Rule of Law is the basis upon which a just society is governed. Even if there is no express order of court restraining the government, the fact that parties are already in court over the matter is a sufficient reason why the government must stay active. It is a cardinal principle of law that once an application for an injunction is served, the parties should wait for the outcome of the application so as not to foist a fait accompli on the court. In view of the above, the Oyo State Government should not have carried out the demolition exercise”.

He said the Nigerian Bar Association, Ibadan Branch, therefore condemns this act of the Oyo State Government in its strongest term.

The Nigeria Institute of journalists in Oyo state has equally followed suit. The institute in a statement by its chairman and secretary Adewumi Faniran said it was particularly worried that the exercise had to be carried out when the matter is before a court of competent jurisdiction.

“The Oyo State Council, therefore, calls on the Government to ensure that no matter what, it comes to the aid of Fresh FM which has been a pride of Ibadan in particular by relocating them to another site and ensure a smooth take-off of their operation”

Also joining in the condemnation is the Ekiti chapter of Nigeria Union of journalist. This, it did as well through a statement signed by its chairman, comrade Rotimi ojomoyela.

The statement put further that the development is the height of injustice and lack respect for the sanctity of the fourth estate of the realm.

“We are also not happy that such demolition took place while the matter was in court, hence the state government should ensure that the station takes off as possible in any location the principal might be deemed fit”